Feb 2010 - Michigan South Asian

Page 19 February 2010 Michigan South AsianEffects of Divorce or Separationon your Immigration Status(Continued from page 18)In certain circumstances, itmay, however, be possible for aspouse to obtain a waiverSeparation:Separation can mean either legalseparation or physical separation.Physical separation, i.e.spouses living apart, or legalseparation, i.e. a court orderor a written agreement directingor authorizing the spousesto live separate and apart, ingeneral, does not in itself constitutetermination of the marriagefor immigration purposes.In some states, however, legalseparation can constitute terminationof marriage for immigrationpurposes and the USCISmay deny a green card in caseswhere the parties entered into avalid marriage, but have sinceobtained a legal separation priorto the final adjudication of thegreen-card.If any of the above describedsituations is applicable to youor whether you are contemplatingseparation or divorce, it isrecommended that you discussyour circumstances with an experiencedimmigration attorneywho can help you understandthe implications and guide youabout your best options.Hanishi Ali is an internationalbusiness and immigration attorneyand can be reached at 617-500-3233.Read MichiganSouthAsianDNA/Specific Blood Group Antigen TestingAmerican Association of Blood Banks(AABB) laboratory reporting results(Continued from page 1)These foreign nationals, withfew exceptions**, must presenta valid passport, a validnonimmigrant visa issued byan American Consul, and a current,original approval noticeissued by the Immigration Serviceon Form I-797.There are many situationswhere the expiration date of theConsular-issued visa is earlierthan the expiration date of themost recent I-797 approval notice.The applicant is entitledto be admitted to the expirationdate of the Form I-797 ApprovalNotice provided the passportis valid for at least six monthsbeyond the requested date.This is the date that should beentered by the Customs Officeron the new Form I-94 that is issuedand stapled into the applicant’spassport.Immigration Parentage Testing1-800-996-9016Email: aabbtest@aol.comMaintaining a Valid I-94If the nonimmigrant worker re-USCISmains in the U.S. beyond theperiod of time indicated on theForm I-94 issued at the timeof last entry, he/she will be illegallyin the U.S. with all theattendant consequences. Thisis true even if they have a validForm I-797 with a later expirationdate.Here are a two of the most commonexamples where this islikely to occur-there are others:Example 1: The H-1 applicanthas a Consular-issued visa validonly until February, 2010. Becausehe and his employer filedfor and were granted an extensionof stay prior to his departure,he has a new Form I-797Approval Notice valid untilDecember, 2011. However, atCustoms he presents the old approvalnotice with a February,2010 expiration date. He willonly be admitted to that date.• If he does not plan totravel abroad again prior to theexpiration of this Form I-94,he and his employer must filea new H-1 petition and requestfor extension of stay right awayin order to maintain legal status.• If he does plan to travelabroad again prior to the February,2010expiration of thisForm I-94, he can seek reentryduring the limited period oftime that the Consular visa remainsvalid, being sure to presentthe correct Approval Noticeupon his return.• If he does travelabroad again prior to the expirationof this Form I-94, but willnot return until after the Consularvisa has expired, he mustmake arrangements to apply fora new entry visa at an AmericanConsulate abroad before returning.Example 2: The H-1 applicanthas a Consular-issued visavalid until July, 2010. Becausehe changed jobs recently, hepresents a new Form I-797Approval Notice from his newemployer valid until December,2011. He should be admitteduntil December 2011. Ifhis Form I-94 is mistakenlyissued with an expiration dateof July, 2010, he must have hisemployer apply for an extensionof stay by filing a new H-1Petition prior to July, 2010,unless, as above, he will betravelling abroad again beforethe Form I-94 expires. If heremains in the U.S. beyondJuly, 2010 in reliance on theForm I-797, he will be in theU.S. illegally.It matters not whether the mistakeis made by the applicant(by presenting the wrong approvalnotice) or the CustomsOfficer (in failing to grant theproper period of time). Ineither case, the applicant isbound by the date on the FormI-94 issued at the time of lastarrival-and must take correctiveaction in order to maintainlegal status.*Form I-94: this is the Arrival-Departure Record whichis filled out by the travelerenroute to the U.S. and thenpresented to the Customs Officerwith their passport andForm I-797 Approval Notice.Once the decision is madeto admit the applicant to theU.S., the Customs Officer willwrite the Class of Admission(e.g. H-1B or L-1A) and thedate to which admitted on thedocument and staple a portionin the passport. Remaining inthe U.S. beyond this date is aviolation of law.**Special rules govern brieftravel to Canada or Mexicoonly.MENCANCOOK!Email your recipe withyour photos and seeyourself in printInfo@Michigansouthasian.com